In this case there has been no petition in error filed in this court, as required by Wilson’s Rev. & Ann. St. Okla. 1903, 4739, and no attempt so to do. On November 13, 1909, there was filed by the clerk of this court what purports to be a case-made, entitled as above, but this institutes no action in this court. Marvel v. White. 5 Okla. 739, 50 Pac. 87; Board of County Commissioners, etc., v. Oxley, 8 Okla. 502, 58 Pac. 651.